Political Reform Act 2011 - Fair Political Practices Commission

§ 87102.6. 85
§ 87102.8.
2 Cal. Code of Regs. Section 18704.1
2 Cal. Code of Regs. Section 18704.2
2 Cal. Code of Regs. Section 18704.5
2 Cal. Code of Regs. Section 18705
2 Cal. Code of Regs. Section 18705.1
2 Cal. Code of Regs. Section 18705.2
2 Cal. Code of Regs. Section 18705.3
2 Cal. Code of Regs. Section 18705.4
2 Cal. Code of Regs. Section 18705.5
2 Cal. Code of Regs. Section 18706
Opinions: In re Galligan (2000) 14 FPPC Ops. 1
§ 87102.6. Nongeneral Legislation; Definitions.
(a) “Nongeneral legislation” means legislation as
to which both of the following apply:
(1) It is reasonably foreseeable that the
legislation will have direct and significant financial
impact on one or more identifiable persons, or one or
more identifiable pieces of real property.
(2) It is not reasonably foreseeable that the
legislation will have a similar impact on the public
generally or on a significant segment of the public.
(b) For purposes of this section and Section
87102.5, all of the following apply:
(1) “Legislation” means a bill, resolution, or
constitutional amendment.
(2) “Public generally” includes an industry, trade,
or profession.
(3) Any recognized subgroup or specialty of the
industry, trade, or profession constitutes a significant
segment of the public.
(4) A legislative district, county, city, or special
district constitutes a significant segment of the public.
(5) More than a small number of persons or pieces
of real property is a significant segment of public.
(6) Legislation, administrative action, or other
governmental action impacts in a similar manner all
members of the public, or all members of a significant
segment of the public, on which it has a direct financial
effect, whether or not the financial effect on individual
members of the public or the significant segment of the
public is the same as the impact on the other members of
the public or the significant segment of the public.
(7) The Budget Bill as a whole is not nongeneral
legislation.
(8) Legislation that contains at least one
provision that constitutes nongeneral legislation is
nongeneral legislation, even if the legislation also
contains other provisions that are general and do not
constitute nongeneral legislation.
History: Added by Stats. 1990, Ch. 84; amended by Stats.
2006, Ch. 538.
References at the time of publication (see page 3):
Regulations: 2 Cal. Code of Regs. Section 18232
2 Cal. Code of Regs. Section 18702.5
2 Cal. Code of Regs. Section 18703
2 Cal. Code of Regs. Section 18703.1
2 Cal. Code of Regs. Section 18703.2
2 Cal. Code of Regs. Section 18703.3
2 Cal. Code of Regs. Section 18703.4
2 Cal. Code of Regs. Section 18703.5
2 Cal. Code of Regs. Section 18704
2 Cal. Code of Regs. Section 18704.1
2 Cal. Code of Regs. Section 18704.2
2 Cal. Code of Regs. Section 18704.5
2 Cal. Code of Regs. Section 18705
2 Cal. Code of Regs. Section 18705.1
2 Cal. Code of Regs. Section 18705.2
2 Cal. Code of Regs. Section 18705.3
2 Cal. Code of Regs. Section 18705.4
2 Cal. Code of Regs. Section 18705.5
2 Cal. Code of Regs. Section 18706
Opinions: In re Galligan (2000) 14 FPPC Ops. 1
§ 87102.8. Elected State Officer; Use of
Position to Influence Decisions.
(a) No elected state officer, as defined in
subdivision (f) of Section 14 of Article V of the
California Constitution, shall make or participate in
the making of, or use his or her official position to
influence, any governmental decision before the
agency in which the elected state officer serves, where
he or she knows or has reason to know that he or she
has a financial interest.
(b) An elected state officer knows or has reason
to know that he or she has a financial interest in any
action by, or a decision before the agency in which he
or she serves where either of the following occur:
(1) The action or decision will have a direct and
significant financial impact on a lobbyist employer
from which the officer has received any salary, wages,
commissions, or similar earned income within the
preceding 12 months and the action or decision will
not have an impact on the public generally or a
significant segment of the public in a similar manner.
(2) The action or decision will have a direct and
significant financial impact on any person,
distinguishable from its impact on the public generally
or a significant segment of the public, from whom the
officer has received any compensation within the
preceding 12 months for the purpose of appearing,
agreeing to appear, or taking any other action on behalf
of that person, before any local board or agency.
(c) The definitions of “public generally” and
“significant segment of the public” contained in
Section 87102.6 shall apply to this section.
(d) Notwithstanding Section 87102, the remedies
provided in Chapter 3 (commencing with Section
83100) shall apply to violations of this section.
History: Added by Stats. 1990, Ch. 1075; amended by Stats.
1991, Ch. 674.
References at the time of publication (see page 3):
Regulations: 2 Cal. Code of Regs. Section 18232
2 Cal. Code of Regs. Section 18702.5
2 Cal. Code of Regs. Section 18703